J U D G M E N T

This appeal arises out of the reversal of judgment in O.S No.2833/2006 on the files of the Principal Munsiff Court, Thrissur, by the District Court, Thrissur, in A.S No.43/2009 .

2. The brief facts necessary for the disposal of the appeal are as follows:-

The appellant herein / plaintiff instituted a suit for realisation of money against the respondent /defendant based on a cheque dated 11.09.2006. The defendant resisted the suit by contending that there was no transaction between the plaintiff and the defendant and that cheque was entrusted to one Chocherikunnu Sree Subramaniya Swamy Kshethra Udharana Committee, Puthoor since they were conducting a kuri business. The cheque was intended as security for the kuri availed by the defendant. The defendant also contended that the plaintiff had obtained the said cheque from the committee and had produced before the court, for claiming amount from the defendant. It was further contended that going by the records produced as Ext.X1, the defendant had issued a stop memo through a lawyer's notice dated 24.11.1997 in respect of the cheque bearing No.1810, which was claimed by the plaintiff in support of his claim for recovery o